130 Mo. App. 145 | Mo. Ct. App. | 1908
Tbe defendant wasi convicted in tbe criminal court of Greene county of tbe offense of forcible entry and detainer, and appeals, insisting that tbe court erred in refusing to peremptorily direct a verdict of acquittal. Tbe evidence tended to prove that one Hogg owned a certain tract of land in Greene coun
The statute is'as follows:
“Any person who shall take or keep possession of any real property, by actual force or violence, without the authority of law, or who, being armed with a deadly or dangerous weapon, shall, by violence to any person in possession, or entitled to the possession, or by putting*147 him in fear of immediate danger to his person, obtain or keep the possession of any such real property, without the authority of law, shall, on conviction, be adjudged guilty of a misdemeanor.” [Sec. 2151, E. S. 1899.]
The indictment in this case charges the offense first denounced by the statute supra; that is to say, it charges substantially that the defendant unlawfully took possession of the premises mentioned, owned by Hogg, “by then and there unlawfully and by actual force, breaking the outer doors and windows of said house,” without authority of law so to do, etc. The court erred in refusing to direct a verdict of acquittal. It is certain there is not a syllable of evidence in the record before us tending to sustain the charge presented in the indictment. All of the proof in the case is to the effect' not only that the defendant was in the city of Springfield at the time the two small boys reopened the house and placed the furniture therein, but that he had no knowledge whatever that such a proceeding was going on or that his family had been evicted therefrom by the constable until he returned home about nine o’clock that night. The fact that the two small boys opened the house and placed the furniture therein, is established not only by proof of defendant’s family but by the neighbors as well, who witnessed the proceeding. In fact, every word of the testimony on the part of both the State and the defendant, indicates that the defendant had nothing whatever to do with the forcible entry and taking possession of the property mentioned. Although the defendant, upon coming home, may have become aware of the facts above indicated, the mere knowledge that members of his family had done a wrong, would not sustain a conviction against him on the charge in the indictment. There is no charge in the indictment, nor is there a word of proof tending to show that after defendant’s son and the youth, Tansey, wrongfully re
Por the reasons given, the judgment will be reversed and the defendant discharged.